Notice Content
STATE OF GEORGIA
COUNTY of GWINNETT
NOTICE OF SALE
UNDER POWER
By virtue of the power of sale contained in that certain Deed to Secure Debt from JEFF FRASER and CHRISTINA JAMES to WELLS FARGO BANK, N.A. dated November 4, 2010, filed for record November 17, 2010, and recorded in Deed Book 50392, Page 82, GWINNETT County, Georgia Records. Said Deed to Secure Debt having been given to secure a Note dated November 4, 2010 in the original principal sum of ONE HUNDRED SIXTY SIX THOUSAND SEVEN HUNDRED SIXTY AND 0/100 DOLLARS ($166,760.00), with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at GWINNETT County, Georgia, or at such place as has or may be lawfully designated as an alternative location, within the legal hours of sale on the first Tuesday in December, 2016, the following described property:
ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 56 OF THE 6TH DISTRICT, GWINNETT COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A REBAR FOUND ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF RIVERCLIFF DRIVE (60 FOOT RIGHT OF WAY) 849.5 FEET NORTHEASTERLY FROM THE POINT FORMED BY THE INTERSECTION OF THE NORTHERLY RIGHT OF WAY LINE OF HUDSON DRIVE AND THE SOUTHEASTERLY RIGHT OF WAY LINE OF RIVERCLIFF DRIVE AND BEING THE TRUE POINT OF BEGINNING; THENCE RUNNING NORTH 63 DEGREES 00 MINUTES 04 SECONDS EAST A DISTANCE OF 86.95 FEET TO A POINT; THENCE RUNNING IN A SOUTH AND SOUTHEASTERLY DIRECTION AN ARC DISTANCE OF 144.55 FEET, SUCH ARC BEING SUBTENDED BY A CHORD BEARING SOUTH 87 DEGREES 03 MINUTES 42 SECONDS EAST AND HAVING A CHORD DISTANCE OF 136.49 FEET AND HAVING A RADIUS OF 123.90 FEET TO A POINT; THENCE RUNNING SOUTHEASTERLY AN ARC DISTANCE OF 69.14 FEET, SUCH ARC BEING SUBTENDED BY A CHORD BEARING SOUTH 64 DEGREES 30 MINUTES 54 SECONDS EAST AND HAVING A CHORD DISTANCE OF 68.65 FEET AND A RADIUS OF 167.08 FEET TO A REBAR FOUND; RUNNING THENCE SOUTH 08 DEGREES 33 MINUTES 41 SECONDS EAST A DISTANCE OF 329.70 FEET TO A REBAR FOUND; RUNNING THENCE NORTH 55 DEGREES 18 MINUTES 37 SECONDS WEST A DISTANCE OF 38.48 FEET TO AN IRON PIN FOUND; RUNNING THENCE NORTH 44 DEGREES 13 MINUTES 46 SECONDS WEST A DISTANCE OF 420.32 FEET TO A REBAR FOUND AND THE TRUE POINT OF BEGINNING. SUCH PROPERTY IS MORE PARTICULARLY DELINEATED ON THAT CERTAIN SURVEY FOR DEBORAH A. RODD, PREPARED BY WILLIAM W. DELOACH, RLS NO. 1711, PEARSON AND ASSOCIATES, INC., DATED MARCH 13, 2000.
To the best of the knowledge and belief of the undersigned, the party in possession of the property is JEFF FRASER and CHRISTINA JAMES or a tenant or tenants. Said property may more commonly be known as: 4624 RIVERCLIFF DR SW, LILBURN, GA 30047.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorneys fees (notice of intent to collect attorneys fees having been given).
The individual or entity that has full authority to negotiate, amend, and modify all terms of the loan is WELLS FARGO BANK, N.A., 3476 STATEVIEW BLVD, MAC# X7801-013, FORT MILL, SC 29715-7203; (800) 662-5014.
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, whether or not now due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed. Pursuant to O.C.G.A. Section 9-13-172.1, which allows for certain procedures regarding the rescission of judicial and nonjudicial sales in the State of Georgia, the Deed Under Power and other foreclosure documents may not be provided until final confirmation and audit of the status of the loan as provided in the preceding paragraph. *Auction services to be provided by Auction.com (www.auction.com)*
WELLS FARGO BANK, N.A.
As Attorney-in-Fact for
JEFF FRASER
CHRISTINA JAMES
Phelan Hallinan Diamond & Jones, PLLC
11675 Great Oaks Way, Suite 375
Alpharetta, GA 30022
Telephone: 770-393-4300
Fax: 770-393-4310
PH # 30732
This law firm is acting as a debt collector. Any information obtained will be used for that purpose.
950-451864, 11/10,17,24,12/1
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